Protect your trademarks properly: choose a specialist
A trademark is a distinctive materialized sign, embodied by a graphics representation (drawing, logo). It distinguishes your products or your services from those proposed by your competitors. The trademark also allows a third party to identify the origin of a product or service.
To be valid, a trademark must be distinctive, licit and available. These are three essential criteria for the validity of a trademark.
The distinctive nature of the trademark is appreciated with regards to designated products or services. Signs that are exclusively the required, usual or generic designation of a product or service are not distinctive (example: “COTTON” for clothing made of cotton). Signs that are solely descriptive or constituted exclusively of the shape imposed by the nature or by the function of the product, that confer to the latter its substantial value, are also not distinctive (example: the shape of a screw thread, which is exclusively functional).
To be licit, a trademark must not oppose public order or good morals (example: signs encouraging racial hate) and must not be detrimental to state emblems (example: national flags) or official emblems (example: red cross, Olympic rings). Trademarks that have a deceptive nature, able to mislead the public, in particular concerning the nature, quality or geographical origin of a product or service are also illicit.
The trademark is available if it is has not already been used for the same products or services, and if it has not been subject to private laws of another nature (in particular: company name, trade name, designation of origin, sign, drawing or registered model, patronymic name, name of a territorial community).
The trademark is an industrial property title that confers on its holder a monopoly for territorial use for 10 years, which can be renewed indefinitely. It must precisely designate the products or services for which the monopoly for use is sought (principle of specialty).
As such, no third party will be able to reproduce, affix, or use a trademark, on the territory where it is protected, without explicit approval from the holder of this trademark.
The trademark is because of this a powerful legal instrument that allows you to take the matter to court in order to uphold respect for your monopoly, condemn acts of counterfeiting and obtain reparation for any prejudice incurred.
It is also a marketing and trade instrument that can improve your company’s image, capture clientele, and offer the consumer a guarantee of quality.
A trademark is finally an asset that enhances the capital of your company and makes it possible to generate royalties from operating licenses.
Cabinet Roman’s team is specialized in trademark law and intervenes in all of the legal, strategic economic and financial aspects for your existing or future trademarks.
Cabinet Roman is a recognized specialist in trademark protection Contact us!